Panhandle limits take effect today

As of today, soliciting money from motorists while standing in the street, walking in and out of traffic or standing on a traffic island is against the law in this city.

So is so-called “aggressive” panhandling and “tag days” — a longstanding practice in which representatives of charitable organizations and youth sports groups solicit donations from motorists at intersections — are officially a thing of the past.

The City Council Tuesday night overwhelmingly gave final approval to two ordinances that put all of that into motion.

The 9-2 vote culminated nearly nine years of effort by past and present city councils to address aggressive panhandling and the solicitation of money in the streets.

City Manager Michael V. O'Brien said enforcement of the ordinances will begin today. He said police officers will enforce them as part of their normal observations while out on their routes.

“This will be enforced the way we enforce all our rules and laws,” he said.

But District 4 Councilor Sarai Rivera, who along with Councilor-at-Large Joseph C. O'Brien voted against the ordinances, questioned why police are being given additional enforcement responsibilities regarding panhandling when the Police Department does not have sufficient manpower for neighborhood foot patrols or other police programs.

“Talk about time consumption of our officers; it makes no sense because we are adding on to an already stretched-thin Police Department,” Ms. Rivera said.

But City Manager O'Brien assured her that enforcement of the panhandling ordinances would be dealt with on a priority basis and would not take time away from police on higher priority matters. He said he also believes the ordinances will stand any legal challenge that might arise.

Those found guilty of violating the ordinances can be punished by a fine not to exceed $50, or the court can impose community service.

The ordinances do not ban panhandling in the city. Instead, they regulate where such activity can take place in the name of public safety, by not allowing people to solicit money at intersections while standing in the street or walking in traffic.

Panhandling will still be allowed at other public venues in the city, such as on sidewalks.

The ordinances do prohibit “aggressive soliciting, begging or panhandling” of persons within 20 feet of any outdoor seating area of any café, restaurant or other business, bank, automated teller machine, automated teller facility, check cashing business, mass transportation facility or stop or a pay telephone.

Aggressive panhandling is also characterized in the following ways:

• Continuing to beg or solicit from a person after that person has given a negative response to such solicitation.

• Touching another person or their property in the course of begging or soliciting without the person's consent.

• Blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means.

• Using violent or threatening gestures that are likely to provoke an immediate violent reaction from the person who is the subject of the request for money.

• Closely following behind, ahead or alongside a person who has been solicited or asked for money after that person has given a negative response to such solicitation.

• Using profane, threatening or abusive language, either during the solicitation or begging or following a refusal.

• Begging or soliciting money from anyone who is waiting in line for tickets, entering a public building or riding on public transportation.

• Begging or soliciting in a group of two or more people in an intimidating fashion.

Councilor O'Brien asked for a report about whether the city administration intends re-institute an outreach effort that took place last summer and fall that sought to connect panhandlers with services they may need so they don't have to beg for money or food. An outreach worker assessed each individual's needs and pointed them to job opportunities and services, such as food pantries, food stamps and fuel assistance.

He said he is concerned that many panhandlers will not be moved to stop soliciting money in the streets because of a fine.

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